Section 0720-37-.12 - LIFE SAFETY(1) The Department will consider any ACH that complies with the required applicable building and fire safety regulations at the time the Board adopts new codes or regulations, so long as such compliance is maintained (either with or without waivers of specific provisions), to be in compliance with the requirements of the new codes or regulations.(2) A Level 2 ACH providing care to ventilator dependent patients shall be fully sprinklered.(3) An ACH shall ensure fire protection for residents by doing at least the following: (a) Eliminate fire hazards;(b) Install necessary fire fighting equipment;(c) Adopt a written fire control plan;(d) Ensure that each resident sleeping unit shall have a door that opens directly to the outside or a corridor which leads directly to an exit door and must always be capable of being unlocked by the resident;(e) Ensure that louvers shall not be present in doors to residents' sleeping units;(f) Keep corridors and exit doors clear of equipment, furniture and other obstacles at all times. Passage to exit doors leading to a safe area shall be clear at all times;(g) Prohibit use of combustible finishes and furnishings;(h) Prohibit open flame and portable space heaters;(i) Prohibit cooking appliances other than microwave ovens in resident sleeping units;(j) Ensure that all heaters shall be guarded and spaced to prevent ignition of combustible material and accidental burns. The guard shall not have a surface temperature greater than 120°F;(k) Allow use of fireplaces and/or fireplace inserts only if the ACH ensures that they have guards or screens which are secured in place;(l) Inspect and clean fireplaces and chimneys annually and maintain documentation that such inspection has occurred;(m) Ensure that there are electrically-operated smoke detectors with battery back-up power operating at all times in, at least, all resident sleeping rooms, hallways, access areas that adjoin sleeping rooms, common areas, kitchens, laundry room, and any other hazardous areas. In multi-level homes, smoke detectors must be installed at the top of stairways; and(n) Provide and mount fire extinguishers, complying with NFPA 10, so they are accessible to all residents in each room of the ACH, including basements. Extinguishers in the kitchen and laundries shall be a minimum of 2-A: 10-BC and an extinguisher with a rating of 20-A shall be adjacent to every hazardous area. The minimum travel distance shall not exceed fifty (50) feet between the extinguishers. All fire extinguishers shall be checked at least once a year by a qualified entity.(4) An ACH located more than five (5) miles from the nearest fire station or an ACH constructed of materials other than wood or concrete block shall have a complete fire alarm system meeting the requirements of the National Fire Prevention Association (NFPA) 72 with approved automatic reporting to the local jurisdiction providing fire protection.(5) An ACH shall conduct fire drills in accordance with the following:(a) Fire drills shall be held for each ACH work shift in each separate ACH building at least quarterly;(b) There shall be one (1) fire drill per quarter during sleeping hours;(c) An ACH shall prepare a written report documenting the evaluation of each drill that includes the action that is recommended or taken to correct any deficiencies found; and,(d) An ACH shall maintain records that document and evaluate these drills for at least three (3) years.(6) An ACH shall take the following action should a fire occur:(a) An ACH shall report all fires which result in a response by the local fire Department to the Department within seven (7) days of its occurrence.(b) An ACH's report to the Department shall contain the following:1. Sufficient information to ascertain the nature and location of the fire;2. Sufficient information to ascertain the probable cause of the fire; and3. A list and description of any injuries to any person or persons as a result of the fire.4. An ACH may omit the name(s) of resident(s) and parties involved in initial reports. Should the Department later find the identities of such persons to be necessary to an investigation, the ACH shall provide such information.(7) An ACH shall take the following precautions regarding electrical equipment to ensure the safety of residents:(a) Provide lighted corridors at all times, to a minimum of one (1) foot candle;(b) Provide general and night lighting for each resident and equip night lighting with emergency power;(c) Maintain all electrical equipment in good repair and safe operating condition;(d) Ensure that electrical cords shall not run under rugs or carpets;(e) Ensure that electrical systems shall not be overloaded;(f) Ensure that power strips are equipped with circuit breakers; and(g) Prohibit use of extension cords.(8) If an ACH allows residents to smoke, it shall ensure the following:(a) Permit smoking and smoking materials only in designated areas under supervision;(b) Provide ashtrays wherever smoking is permitted;(c) Smoking in bed is prohibited;(d) Written policies and procedures for smoking within the ACH shall designate a room or rooms to be used exclusively for residents who smoke. The designated smoking room or rooms shall no(e) Post no smoking signs in areas where oxygen is used or stored.(9) An ACH shall not allow trash and other combustible waste to accumulate within and around the ACH. It shall store trash in appropriate containers with tight-fitting lids. An ACH shall furnish resident sleeping units with an UL approved trash container.(10) An ACH shall ensure that: (a) The ACH maintains all safety equipment in good repair and in a safe operating condition;(b) The ACH stores janitorial supplies away from the kitchen, food storage area, dining area and other resident accessible areas;(c) The ACH stores flammable liquids in approved containers and away from the facility living areas; and(d) The ACH cleans floor and dryer vents as frequently as needed to prevent accumulation of lint, soil and dirt.(11) An ACH shall post emergency telephone numbers near a telephone accessible to the residents.(12) An ACH shall maintain its physical environment in a safe, clean and sanitary manner by doing at least the following:(a) Prohibit any condition on the ACH site conducive to the harboring or breeding of insects, rodents or other vermin;(b) Properly identify chemical substances of a poisonous nature used to control or eliminate vermin and store such substances away from food and medications;(c) Ensure that the building shall not become overcrowded with a combination of the ACH's residents and other occupants;(d) Maintain all residents' clothing in good repair and ensure that it is suitable for the use of elderly persons;(e) Maintain the building and its heating, cooling, plumbing and electrical systems in good repair and in clean condition at all times; and(f) Maintain temperatures in resident sleeping units and common areas at no less than 65°F and no more than 85°F.Tenn. Comp. R. & Regs. 0720-37-.12
Emergency rule filed November 2, 2010; effective through May 1, 2011. New rule filed January 28, 2011; effective April 28, 2011. Transferred from chapter 1200-08-36 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 68-11-202 and 68-11-209.